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Legal Ethics
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October 24, 2024
Conn. High Court Snapshot: $13M Tax Appeals, Will Dispute
The Connecticut Supreme Court's second term of the 2024-2025 season will commence Monday with a dispute over whether an attorney bungled a will that sought to divide a $845,368 TD Ameritrade account among five beneficiaries, only one of whom received any cash.
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October 24, 2024
Atty Escapes Suspension Over $1M Fee Bid For $125K Awards
A Pennsylvania Supreme Court panel on Thursday denied a 90-day suspension recommendation by the Disciplinary Board against a Lackawanna County personal injury attorney who filed a petition for more than $1 million in attorney fees from an insurance company he sued on behalf of his client.
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October 24, 2024
Judge Orders Bangladeshi Officials Arrested In $32M Arb. Row
A D.C. federal judge on Thursday issued bench warrants for the arrest of two Bangladeshi officials whom a power company wants to depose as it seeks to enforce a collective $31.9 million in arbitration awards against Bangladesh, prompting an immediate appeal from the Bangladeshi government.
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October 24, 2024
Ex-Moody's GC Gets Prison For Tax-Filing Fail On $54M In Pay
The former general counsel for Moody's Corp. was sentenced Thursday to eight months in prison for willfully failing to file federal income tax returns for four years in which he collected $54 million in income.
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October 24, 2024
Conn. Firm Botched €1.6M Settlement For UK Client, Suit Says
Connecticut firm Carmody Torrance Sandak & Hennessey LLP is responsible for the loss of €1.6 million ($1.7 million) a U.K. client paid toward a failed global bankruptcy settlement agreement, according to a legal malpractice suit filed in Connecticut state court.
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October 23, 2024
Trump Shooting Suspect Seeks Fla. Judge's Recusal
A man charged with attempting to shoot former President Donald Trump wants the Trump-appointed judge overseeing his case to step aside to preserve the appearance of impartiality, pointing Wednesday to news articles speculating that she could be in the running for a top legal position if Trump wins reelection.
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October 23, 2024
Court Denies Fees In 'Objectively Specious' Trade Secrets Suit
A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith."
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October 23, 2024
Co. Misleads Claimants About Visa Mastercard MDL, Attys Say
Class counsel for plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees asked a New York federal judge to demand explanations from a third-party company over misleading statements it allegedly made regarding the claims-submission process for recovering settlement payments.
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October 23, 2024
Tribes Want Magistrate Judge To Drop Out Of $12M Award Suit
Two Native American tribes have told a Wyoming federal court that a magistrate judge should recuse himself from an oil and gas company's lawsuit attempting to stop them from using their tribal judicial system to vacate a more than $12 million arbitration award.
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October 23, 2024
Judges Hint Settlement May Have Waived Atty's Free Speech
Attorney Timothy Brignole and his Hartford law firm, Brignole Bush & Lewis LLC, may have surrendered free speech rights when they signed a nondisparagement agreement with a former employee, stripping them of the ability to claim First Amendment protection over comments attributed to them in a lawsuit, judges of the Connecticut Appellate Court hinted Wednesday.
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October 23, 2024
Combs, Feds At Odds Over Gag Order Amid Press Blitz
Attorneys for Sean "Diddy" Combs told a Manhattan federal judge on Wednesday that they are unable to agree with prosecutors about who should be barred from talking to the press about the hip-hop mogul's sex-trafficking and racketeering case.
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October 23, 2024
Del. Judge Won't Yet Revisit $242K Atty Sanctions In Ch. 7
A Delaware bankruptcy judge said Wednesday that he won't, for now, set aside more than $242,000 in legal fees he ordered a lawyer representing the owners of an insolvent government contractor to pay in a clawback lawsuit, saying that since the sanctions order was appealed to the district court, he doesn't have jurisdiction.
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October 23, 2024
Feds Ask To Drop Conviction Tainted By Alaska Judge Scandal
Federal prosecutors in Alaska have moved to voluntarily vacate the conviction of a man who assaulted two jail employees, after determining the case was irrevocably tainted by the sexual misconduct scandal that toppled former U.S. District Judge Joshua Kindred.
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October 23, 2024
Fla. Judge Fights Ethics Charges Of 'Intemperate' Conduct
A Sunshine State judge attempted to explain away accusations by the Florida Judicial Qualifications Commission that he acted "intemperately," saying that while he, at times, struggles with patience, he treats those who appear before him with "dignity and courtesy."
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October 23, 2024
Law Firm Accuses Ex-Paralegal Of 'Sabotage' In Bears Case
An Illinois law firm has accused one of its former paralegals of attempting to stiff the firm for work it did settling his discrimination suit against the Chicago Bears, alleging that the erstwhile employee declined to file key paperwork and deleted critical files.
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October 23, 2024
9th Circ. Orders Michael Avenatti To Be Resentenced
The Ninth Circuit on Wednesday ordered the resentencing of Michael Avenatti over his California conviction for tax violations and stealing from clients, saying the lower court made multiple mistakes when it handed down a 14-year prison term to the onetime celebrity attorney.
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October 23, 2024
9th Circ. Backs Injury Firm's Win In Fight Over Google Ads
The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.
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October 23, 2024
Chemical Co. GC Fires Back At Pregnancy Bias Claims In NJ
Arxada and its general counsel struck back at a former in-house attorney's claims in a New Jersey state court lawsuit that the specialty chemicals company unlawfully dismissed her in the days after she talked about taking leave to recover from a miscarriage.
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October 23, 2024
DC Judge Won't Let DQ'd Atty Back On Dominion Case
A D.C. federal judge has refused to disturb an order disqualifying an indicted Michigan attorney from representing former Overstock CEO Patrick Byrne against a defamation lawsuit brought by Dominion Voting Systems.
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October 23, 2024
Ga. Justices Say Open Records Suit Against DA Can Proceed
The Supreme Court of Georgia said a district attorney for the Peach State's Western Judicial Circuit must face an Open Records Act suit claiming she withheld records, and that one of her arguments to escape the suit "fundamentally misunderstands Georgia's separation-of-powers doctrine."
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October 22, 2024
Texas Firm 'Tortured' Barratry Case, Appeals Court Hears
A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.
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October 22, 2024
Giuliani Must Give NYC Apartment, Watches To Poll Workers
A New York federal judge Tuesday ordered Rudy Giuliani to hand over most of his property to two Georgia poll workers, including his Manhattan apartment, Mercedes-Benz, luxury watches and valuable sports memorabilia, to help cover the $148 million judgment the former mayor owes for defaming them.
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October 22, 2024
Colo. Justices Suggest Remanding 'Half-Baked' Privilege Case
Colorado Supreme Court justices appeared reluctant Tuesday to do more than remand a case over whether attorney-client privilege protects communications by an insurance company's lawyers with engineers hired for processing a claim, with two justices calling the appeal "half-baked" since the trial judge admitted she used the wrong standard.
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October 22, 2024
Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say
A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."
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October 22, 2024
Legatum Exec Wins $8M Libel Trial Against D.C. Investigator
A D.C. federal jury has awarded the founder of Dubai-based investment company Legatum more than $8 million in his defamation case against a private investigator accused of preparing and disseminating a bogus "background report" falsely stating the executive was a Russian asset.
Expert Analysis
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.